Law Enforcement Visas (Witness Informants Visas)

Law Enforcement - Witness Informants Visas

S visa is a very special nonimmigrant visa usually given to certain aliens to come to the United States as
nonimmigrant informants of criminal organization information or terrorist activities information. By statute,
the program is set to expire in seven years after it was created i.e., program must end in 2000.

Attorney General must determine whether alien is eligible for nonimmigrant visa as informants of criminal
organization information (S-5 visa). Usually such determination is made upon consideration of the facts that
an alien has critical reliable information about criminal organization or enterprise; is willing to disclose
or has already disclosed such information to the Courts in the United States; and whose presence in the
United States is essential for the success of an authorized criminal investigation or for the successful
prosecution of an individual involved in the criminal organization or enterprise.

Attorney General and the Secretary of State jointly determine whether alien is eligible to come to the United
States as nonimmigrant as informant of the terrorist activity (S-6). Such determination will be based on the
facts that the alien has critical reliable information about the terrorist activity, or organization or
enterprise; is willing to provide or has already provided such information to the federal authorities or
federal courts; will or will be in danger for providing such information; and is eligible to receive a reward
from the Department of State.

If USCIS determines that it is appropriate, spouse, married and unmarried sons or daughters and parents may
accompany or follow to join the principal alien into the United States as nonimmigrants. Usually the
petitioner for S visa will be the law enforcement agency that is seeking the assistance of alien. Such law
enforcement agency must take the responsibility of the alien till the time of his or her departure from the
United States from the date of admission to the United States.

For any fiscal year, number of aliens admitted into the United States as informants of criminal activities
may not exceed 200 and informants of terrorist activities may not exceed 50. The period of admission is three
years and DHS may not grant any extension of status.

An alien to remain in lawful status in the United States under S visa category, he is required to report not
less than three months to the Department of Homeland Security regarding their whereabouts and activities;
must not be convicted for any crime that is punishable with imprisonment for one year or more; must agree
and executed a waiver for any rights to contest other than the basis of an application for withholding of
removal or deportation based on the well founded fear of persecution at home country, if the removal process
was began before the alien attained permanent residence in the United States; and any other conditions that
are imposed on his or her stay in the United States.

Aliens under S visa category are allowed to adjust status as permanent resident under a special provision
under Section 245(j) of the Immigration and Nationality Act. If an alien provides information about criminal
activity and such information has "substantially contributed" to a successful investigation or prosecution
of a crime, he or she is eligible for adjustment of status.

Also, if an alien provides information and such information has "substantially contributed" to the prevention
of an act of terrorism, or to the apprehension of a person involved in terrorist activities, he or she will
be allowed to adjust status as permanent resident.

Family members who have been admitted in S-7 status are allowed to adjust status as well. Application for
permanent residency must be made at the time of application for S visa by the law enforcement agency that
was seeking aliens assistance. The application must be approved by the Assistant Attorney General in change
of the Criminal Division of the Justice Department and by the Commissioner of the USCIS. After this approval,
the alien is allowed to apply for adjustment of status on Form I-485.

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